13-1259.   Same; issuance of bonds; publication notice; protest; election.The governing body of any municipality, by a two-thirds vote thereof, orwhere the utilities are under the control andmanagement of a board of public utilities, the boardby a three-fifths vote thereof, may contract for or make repairs,extensions, reconstruction, alteration, improvements or enlargements ofits municipally owned water and light utilities and issue or request theissuance of revenue bonds for the cost thereof without submitting to a voteof such municipality the proposal to contract for or make such repairs,extensions, reconstruction, alteration, improvements or enlargements,and to issue revenue bonds as provided for herein in payment of the costthereof. Before contracting for or making any such repairs, extensions,reconstruction, alteration, improvements or enlargements, to be paid forby revenue bonds, the governing body of such municipality shall cause to be published inthe official paper of the municipality, a notice of its intention to doso, which notice shalldescribe the nature of the proposed repairs, extensions, reconstruction,alteration, improvements or enlargements, state the total amount of thecost thereof, and the amount of the revenue bonds proposed to be issuedin payment thereof.

      If within fifteen days after the publication, as aforesaid, of suchnotice, there shall be filed with the clerk of such municipality awritten protest against such repairs, extensions, reconstruction,alteration, improvements or enlargements, and such bond issue, signed bynot less than twenty percent of the qualified electors of suchmunicipality, the governing body thereof shall thereupon submit suchproposed project and proposed bond issue to the qualified electors ofsuch municipality at a special election to be called for that purpose,upon at least ten days' notice, to be held not later than fifteen daysafter the filing of such protest, or at a regular city election orgeneral election which will occur not sooner than fifteen days nor laterthan sixty days after the filing of such protest. In the event amajority of such electors voting on such proposition at such electionshall vote in favor thereof, such repairs, extensions, reconstruction,alteration, improvements or enlargements, shall be made, and the revenuebonds may be issued in payment of the cost thereof.

      History:   L. 1941, ch. 142, § 8; L. 1951, ch. 156, § 5; L. 1980,ch. 72, § 15; April 14.